Title 04, Alcoholic Beverages

(a) A beverage dispensary or package store license may not be issued and the location of an existing license may not be transferred if the licensed premises would be located in a building the public entrance of which is within 200 feet of a school ground or a church building in w…

(a) A person may not be issued a new license, endorsement, or permit or transfer a license or a license with endorsement to a new location in a municipality if a zoning regulation or ordinance prohibits the land use unless a variance of the regulation or ordinance has been approv…

(a) Each license shall be issued to a specific individual or individuals, to a partnership, including a limited partnership, to a limited liability organization, to a corporation, to a government entity, or to a tribal organization. If the license is issued to a corporation or a …

(a) A person other than a licensee may not have a direct or indirect financial interest in the business for which a license is issued. (b) A person who is a representative or owner of a wholesale business licensed under AS 04.09.100 or 04.09.110 may not be issued, solely or toget…

(a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or transferred within the area containing signature…

A person may object to an application for issuance, renewal, transfer of location, or transfer to another person of a license, for issuance, renewal, or transfer to another person of a license with one or more endorsements, for issuance of an endorsement, or for issuance of a per…

(a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant …

(a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit (1) the sale of alcoholic beverages; (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot: (A) a re…

(a) If a majority of persons voting on the question vote to approve a different local option, a municipality or established village shall change a local option previously adopted under AS 04.11.491 to the different approved option. (b) A ballot question to change a local option u…

(a) If a majority of the persons voting on the question vote to remove the option, a municipality or established village shall remove a local option previously adopted under AS 04.11.491. The option is repealed effective the first day of the month following certification of the r…

If a majority of voters vote to prohibit the sale of alcoholic beverages under AS 04.11.491(a)(1), (a)(4) or (5), (b)(1), or (b)(3) or (4), the board may not issue, renew, or transfer, between persons or locations, a license for premises located within the boundaries of the munic…

(a) If a majority of the voters vote to prohibit the importation of alcoholic beverages under AS 04.11.491(a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the month following certification of the results of the election, may not knowingly send, transport, o…

(a) If a majority of the voters vote to prohibit the possession of alcoholic beverages under AS 04.11.491(a)(5) or (b)(4), a person may not knowingly possess an alcoholic beverage in the municipality or established village, unless the alcoholic beverage is sacramental wine to be …

If a majority of the voters vote under AS 04.11.491(a)(2) or (b)(2) to prohibit sale of alcoholic beverages except by the type or types of licensees or permit holders listed on the ballot, the board may not issue, renew, or transfer between persons or locations a license for prem…

(a) If a majority of the voters vote under AS 04.11.491(a)(3) to prohibit the sale of alcoholic beverages except on premises operated by the municipality, the board may not issue, renew, or transfer between persons or locations a license for premises located within the boundaries…

(a) Elections to adopt a local option under AS 04.11.491, change a local option under AS 04.11.493, or remove a local option under AS 04.11.495, shall be conducted as required in this section. (b) Upon receipt of a petition of a number of registered voters equal to 35 percent or …

(a) Except as provided under (b) and (c) of this section, for purposes of AS 04.11.491, 04.11.497, and 04.11.503, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the establish…

(a) If a majority of the voters vote to prohibit, change, or remove a local option under AS 04.11.491 — 04.11.495, the clerk of the municipality, or, if the election is in an established village, the lieutenant governor shall notify the board of the results of the election immedi…

(a) Unless a legal action relating to the license, applicant, or premises to be licensed is pending, the board shall decide whether to grant or deny an application within 90 days of receipt of the application at the main office of the board. However, the decision may not be made …

After receipt of an application for the issuance or renewal of a license, the renewal of a license with one or more endorsements, the transfer of a license or a license with one or more endorsements to another person, the transfer of a license to a new location, or the issuance o…

On receipt of an application for the issuance, renewal, relocation, or transfer of the ownership of a license, the board shall provide written notice under AS 04.11.310(b).

A license may not be suspended or revoked under AS 04.11.370(a)(4) or (5) unless the board considers the reports prepared by arresting and investigating officers and the sentencing report sent to the board under AS 12.55.025(b).

(a) If, in a proceeding to suspend or revoke a license, endorsement, or permit under AS 04.11.370(a)(5), the board finds that a sentencing report, record of conviction, or judgment sent to the board under AS 12.55.025(b) or a report prepared by the investigating or arresting offi…

Notwithstanding AS 04.11.680, an application for renewal of a license, an endorsement, or a conditional contractor's permit under AS 04.09.710 issued for the two calendar years ending December 31 or of a seasonal license issued for parts of those calendar years may be submitted u…

On or before February 15, the director shall mail a notice of expiration to each licensee who has not either (1) filed an application to renew a license, along with any applicable affidavits and all fees due, or (2) notified the director of an intent not to do so. Failure of the …

(a) An action of an officer, employee, or agent of the board relating to the administration or enforcement of this title may be appealed to the board by the aggrieved party. (b) A decision by the board relating to the issuance, renewal, transfer, relocation, suspension, or revoca…

(a) If an application for a license or endorsement is denied, the board shall refund the license fee but not the application fee. (b) A license or endorsement fee may not be refunded after the license or endorsement has been issued unless the board determines it has erred in the …

(a) Except as provided in (c) of this section, the board may, in addition to any other penalties imposed under this title, impose a civil fine upon a licensee that the board determines, at a proceeding under AS 04.11.510(c), has violated a provision of this title, a regulation ad…

(a) A license issued under this title shall, if the board so directs, be surrendered on demand to a peace officer, agent, or officer of the board. (b) The licensee shall surrender a current license to the board not later than 10 days after the loss or vacation of the licensed pre…

(a) Money collected from licenses, endorsements, permits, and civil fines under this title shall be transferred by the board to the Department of Commerce, Community, and Economic Development and deposited in the general fund. (b) A fee prescribed by the board in addition to fees…

(a) An amount equal to the sum of the biennial license fees, excluding annual wholesale fees and biennial wholesale license fees, collected within a municipality shall be allocated semi-annually to the municipality. (b) If the officers of a municipality fail to actively enforce l…

(a) A licensee shall, upon request, make the licensed premises and places authorized for storage under AS 04.21.060 available for inspection by officers charged with the enforcement of this title, including members of the board and the director or an employee of the director, dur…

(a) A license issued under this title is a personal privilege, not a property right. (b) The privilege conferred upon the licensee is personal in nature and affords protection to the licensee only.

A license issued under this title is not subject to foreclosure, and may not be used as collateral to secure a debt. However, if a license is transferred to another person, the transferor may secure payment for real and personal property conveyed to the transferee upon the promis…

(a) Upon application, the board may issue a seasonal license under this title that is effective for the intervals stated on the license. Otherwise, a license or endorsement issued under this title and a conditional contractor's permit issued under AS 04.09.690 is effective for th…

(a) In a general sense, it is against the public interest that the issuance, renewal, or transfer of licenses issued under this title will create, or assist in the creation of, a monopoly. (b) The board may submit proposals to the governor and the legislature addressed to the dis…

(a) A person may not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day. (b) A licensee, an agent, or employee may not permit a person to consume alcoholic beve…

(a) On premises where alcoholic beverages are sold by the drink, a licensee or a licensee's agent or employee may not (1) offer or deliver, as a marketing device to the general public, free alcoholic beverages to a patron, except as provided for the holder of a manufacturer sampl…

(a) A person holding a license under AS 04.09.020, 04.09.030, 04.09.040, 04.09.100, or 04.09.110 or engaged in the alcoholic beverage industry in another state or country as a brewer, vintner, distiller, or importer, or as an agent of a brewer, vintner, distiller, or importer, ma…

(a) A person may not pay or receive from another a salary, percentage, or commission to solicit or encourage a patron of licensed premises to purchase alcoholic or other beverages for a person other than the patron. (b) A licensee, an agent, or employee may not knowingly permit a…

(a) A licensee or a licensee's agent or employee may not sell or offer to sell alcoholic beverages to the public online unless the licensee holds a manufacturer direct shipment license issued under AS 04.09.370 or a package store shipping endorsement under AS 04.09.460. (b) A per…

(a) A person may not knowingly enter or remain on premises (1) in which alcoholic beverages are manufactured, sold, offered for sale, possessed for sale or barter, trafficked in, or bartered in violation of (A) AS 04.09.060, AS 04.09.800, or AS 04.11.010; or (B) a municipal ordin…

(a) A licensee, an agent, or employee may not with criminal negligence (1) sell, give, or barter alcoholic beverages to a drunken person; (2) allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises; (3) allow a drunken pers…

(a) A person residing in an area that has adopted a local option under AS 04.11.491 may not possess sugar, artificial sugar, malt, yeast, or any other material or equipment with the intent to use the material or equipment to create an alcoholic beverage. (b) A person who knowingl…

(a) A drunken person may not knowingly enter or remain on premises licensed under this title. (b) A person who violates this section commits the offense of prohibited access by a drunken person. (c) Prohibited access by a drunken person is a violation.